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The Special Marriage Act-1954
(Act No.43 of 1954)[9th October 1954]
An Act to provide a special form of marriage in certain cases, for the registration
of such and certain other marriages and for divorce. Be it enacted by Parliament
in the Fifth Year of the Republic of India as follows:
CHAPTER 1
Preliminary
1. Short title, extent and commencement- (1) This Act may be called the Special
Marriage Act, 1954.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and
applies also to citizens of India domiciled in the territories to which the Act
extends who are in the State of Jammu and Kashmir.
(3) It shall come into force on such date, i.e.1st January, 1955 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise, requires,-
(a) (* * * *) Omitted
(b) "degrees of prohibited relationship" - a man and any of the persons mentioned
in Part I of the First Schedule and a woman and any of the persons mentioned in
Part II of the said Schedules are within the degrees of prohibited relationship.
Explanation I.- Relationship includes,- a) relationship by half or uterine blood as
well as by full blood: b) illegitimate blood relationship as well as legitimate; c)
relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation II.- "Full blood" and "half blood"- two persons are said to be related
to each other by full blood when they are descended from a common ancestor by
the same wife and by half blood when they are descended from a common
ancestor but by different wives.
Explanation III.- "Uterine blood"- two persons are said to be related to each other
by uterine blood when they are descended from a common ancestress but by
different husbands.
Explanation IV.-In Explns. II and III. "ancestor" includes the father and
"ancestress" the mother;
(d) "district", in relation to a Marriage Officer, means the area for which he is
appointed as such under sub-section (1) or sub-section (2) of Sec.3;
(e) "District Court" means, in any area for which there is a City Civil Court, and
in any other area, the principal Civil Court of original jurisdiction, and includes
any other Civil Court which may be specified by the State Government by
notification in the Official Gazette as having jurisdiction in respect of the matters
dealt with in this Act:
(f) "prescribed" means prescribed by rules made under this Act;
(g) "State Government", in relation to a Union territory, means the Administrator
thereof.
Chapter II
Solemnization of Special Marriages
4. Conditions relating to solemnization of special marriage.-
Notwithstanding anything contained in any other law for the time being in force
relating to the solemnization of marriages, a marriage between any two persons
may be solemnized under this Act, if at the time of the marriage the following
conditions are fulfilled namely: (a) Neither party has a spouse living: (b) neither
party- (i) is incapable of giving a valid consent to it in consequence of
unsoundness of mind, or (ii) though capable of giving a valid consent, has been
suffering from mental disorder of such a kind or to such an extent as to be unfit
for marriage and the procreation of children; or (iii) has been subject to recurrent
attacks of insanity or epilepsy; (c) the male has completed the age of twenty-one
years and the female the age of eighteen years; (d) the parties are not within the
degrees of prohibited relationship: Provided that where a custom governing at
least one of the parties permits of a marriage between them, such marriage may
be solemnized, notwithstanding that they are within the degrees of prohibited
relationship: and
(e) where the marriage is solemnized in the State of Jammu and Kashmir, both
parties are citizens of India domiciled in the territories to which this Act extends.
Explanation- In this section, "customs, in relation to a person belonging to any
tribe, community, group or family, means any rule which the State Government
may, by notification in the Official Gazette, specify in this behalf as applicable to
members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to the members of
any tribes, community, group or family, unless the State Government is satisfied-

The Special Marriage Act-1954

(Act No.43 of 1954)[9th October 1954]

An Act to provide a special form of marriage in certain cases, for the registration

of such and certain other marriages and for divorce. Be it enacted by Parliament

in the Fifth Year of the Republic of India as follows:

CHAPTER 1

Preliminary

1. Short title, extent and commencement- (1) This Act may be called the Special

Marriage Act, 1954.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and

applies also to citizens of India domiciled in the territories to which the Act

extends who are in the State of Jammu and Kashmir.

(3) It shall come into force on such date, i.e.1st January, 1955 as the Central

Government may, by notification in the Official Gazette, appoint.

2. Definitions- In this Act, unless the context otherwise, requires,-

(a) (* * * *) Omitted

(b) "degrees of prohibited relationship" - a man and any of the persons mentioned

in Part I of the First Schedule and a woman and any of the persons mentioned in

Part II of the said Schedules are within the degrees of prohibited relationship.

Explanation I.- Relationship includes,- a) relationship by half or uterine blood as

well as by full blood: b) illegitimate blood relationship as well as legitimate; c)

relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

Explanation II.- "Full blood" and "half blood"- two persons are said to be related

to each other by full blood when they are descended from a common ancestor by

the same wife and by half blood when they are descended from a common

ancestor but by different wives.

Explanation III.- "Uterine blood"- two persons are said to be related to each other

by uterine blood when they are descended from a common ancestress but by

different husbands.

Explanation IV.-In Explns. II and III. "ancestor" includes the father and

"ancestress" the mother;

(d) "district", in relation to a Marriage Officer, means the area for which he is

appointed as such under sub-section (1) or sub-section (2) of Sec.3;

(e) "District Court" means, in any area for which there is a City Civil Court, and

in any other area, the principal Civil Court of original jurisdiction, and includes

any other Civil Court which may be specified by the State Government by

notification in the Official Gazette as having jurisdiction in respect of the matters

dealt with in this Act:

(f) "prescribed" means prescribed by rules made under this Act;

(g) "State Government", in relation to a Union territory, means the Administrator

thereof.

Chapter II

Solemnization of Special Marriages

4. Conditions relating to solemnization of special marriage.-

Notwithstanding anything contained in any other law for the time being in force

relating to the solemnization of marriages, a marriage between any two persons

may be solemnized under this Act, if at the time of the marriage the following

conditions are fulfilled namely: (a) Neither party has a spouse living: (b) neither

party- (i) is incapable of giving a valid consent to it in consequence of

unsoundness of mind, or (ii) though capable of giving a valid consent, has been

suffering from mental disorder of such a kind or to such an extent as to be unfit

for marriage and the procreation of children; or (iii) has been subject to recurrent

attacks of insanity or epilepsy; (c) the male has completed the age of twenty-one

years and the female the age of eighteen years; (d) the parties are not within the

degrees of prohibited relationship: Provided that where a custom governing at

least one of the parties permits of a marriage between them, such marriage may

be solemnized, notwithstanding that they are within the degrees of prohibited

relationship: and

(e) where the marriage is solemnized in the State of Jammu and Kashmir, both

parties are citizens of India domiciled in the territories to which this Act extends.

Explanation- In this section, "customs, in relation to a person belonging to any

tribe, community, group or family, means any rule which the State Government

may, by notification in the Official Gazette, specify in this behalf as applicable to

members of that tribe, community, group or family:

Provided that no such notification shall be issued in relation to the members of

any tribes, community, group or family, unless the State Government is satisfied-